Qualifying Sale. If Company Stockholder is a holder of the Company’s Series 4-A Convertible Preferred Stock, Company Stockholder acknowledges and agrees that the Merger shall be deemed to be a “Qualifying Sale,” as that term is defined and used in the Certificate of Designation applicable to the Series 4-A Stock (the “Series 4-A Certificate”) and the related warrants and other agreements (the “Series 4-A Documents”), and that, therefore, the related Stockholder’s Agreement and all other rights and obligations under the terms of the Series 4-A Documents that are intended to terminate upon the occurrence of a Qualifying Sale on a Liquidity Date (as that term is defined and used in the Series 4-A Certificate) shall be terminated at the Effective Time.
Appears in 2 contracts
Samples: Merger Agreement (Team America Inc), Merger Agreement (Vsource Inc)
Qualifying Sale. If Company Stockholder is a holder of the Company’s 's Series 4-A Convertible Preferred Stock, Company Stockholder acknowledges and agrees that the Merger shall be deemed to be a “"Qualifying Sale,” " as that term is defined and used in the Certificate of Designation applicable to the Series 4-A Stock (the “"Series 4-A Certificate”") and the related warrants and other agreements (the “"Series 4-A Documents”"), and that, therefore, the related Stockholder’s 's Agreement and all other rights and obligations under the terms of the Series 4-A Documents that are intended to terminate upon the occurrence of a Qualifying Sale on a Liquidity Date (as that term is defined and used in the Series 4-A Certificate) shall be terminated at the Effective Time.
Appears in 2 contracts
Samples: Vsource Stockholder Voting Agreement (Mercantile Equity Partners Iii L P), Vsource Stockholder Voting Agreement (Mercantile Equity Partners Iii L P)
